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4127 Cashell Glen - Encroachment Agreement - Lot 16, Block 4, Wenzel 1st Addition (4127 Cashell Glen)3607614 Receipt:# 909239 AGREE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 10/25/2023 11:14 AM By: EGU, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into this 19 day of 2023, by and between the City of Eagan, a Minnesota municipal corporation, (the "City"), and David E. Moran, Jr. and Molly A. Moran, as Trustees of The Molly A. Moran Revocable Trust under Agreement dated August 31, 2018 (the "Owner"). The City and Owner are hereinafter referred to as the "Parties." WHEREAS, the Owner is the fee title holder of real property legally described as follows: Lot 16, Block 4, Wenzel 1st Addition, according to the recorded plat thereof, Dakota County, Minnesota, (the "Property"); and WHEREAS, the City is the holder of drainage and utility easements over, under and across certain portions of the Property as depicted on the plat of Wenzel Ist Addition and any additional drainage and utility easement granted to the City by the Owner (collectively the `Basement"); and WHEREAS, the Owner desires to maintain a portion of a retaining wall and steps (collectively the "Improvement") located within the City's Easement on the south side of the Property as depicted on Exhibit "A" attached hereto and incorporated herein (the "Encroachment Area"); and WHEREAS, in connection with placement of the Improvement, it is necessary for the Owner to encroach within the Easement; and WHEREAS, the City is willing to allow Owner to encroach within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owner agree as follows: I . ENCROACHMENT. The City hereby authorizes Owner to construct, maintain and repair the Improvement within the Encroachment Area. This Agreement does not convey to the Owner any title, interest or rights or otherwise limit the City's Easement. The Owner may not expand the encroachment onto other areas of the Easement. 2. No WAIVER. Nothing contained in this Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement, nor shall anything contained herein affect the right of the City, its contractors, agents and servants to enter upon the Easement at all reasonable times to access, construct, reconstruct, inspect, repair, and maintain pipes, conduits and mains, and the further right or remove obstructions including the Improvement. 3. DAMAGE. The Owner shall not cause any damage to any existing or future utilities located within the Easement and shall be responsible for any such damage caused by the Owner or by the Owners' guests or invitees. 4. INDEMNIFICATION. The Owner shall indemnify and hold the City and its officers, employees, agents, representatives, attorneys, successors and assigns harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owner or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owner and any third party caused by or related to the Improvements. 5. MAINTENANCE. The Owner agrees to maintain the Improvements in accordance with all applicable laws, ordinances and regulations, including but not limited to the City zoning ordinance, building code, fire code and construction standards. If the City determines, in the City's sole discretion, that the Improvement has not been properly constructed or maintained, upon request of the City, the Owner shall immediately remove the Improvements from the Easement and restore the Easement to the condition as it existed prior to the construction of the Improvements, at the Owners' sole cost and expense. If the Owner fails to timely remove the Improvement and restore the Easement as required herein, the City may remove the Improvements and restore the Easement to the condition as it existed prior to the construction of the Improvement, without any obligation or liability to the Owner, and at the Owners' sole cost and expense, including but not limited to material, labor, and costs of collection, including but not limited to attorneys' fees. 6. ASSUMPTION OF RISK. Owner acknowledges that the future maintenance and/or repairs within the Easement could possibly damage the Improvement. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvement that may result from any work performed by the City and/or its agents within the Easement. 7. DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30-day cure period. Notice need not be given in the event emergency repairs are needed. After the 30-day cure period, the City may take action and bill the Owner for the costs thereof. If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys' fees. TERMINATION. The City may terminate this agreement at any time by giving written notice of termination to the Owner at least (30) days prior to the effective date of the termination. Upon termination of this Agreement, the Owner shall immediately remove the Improvements from the Easement and restore the Easement to the condition as it existed prior to the construction of the Improvement. If the Owner fails to remove the improvements and restore the Easement as required herein within thirty (30) days after termination of this Agreement, weather permitting, the City may remove the Improvement and restore the Easement to the condition as it existed prior to the construction of the Improvement, without any obligation or liability to the Owner, and at the Owners' sole cost and expense, including but not limited to material, labor, and costs of collection, including but not limited to attorneys' fees. 9. COSTS. The Owner shall be responsible for all costs associated with this Agreement. Within thirty (30) days after presentation of a detailed invoice therefore, the Owner shall pay or reimburse the City for all costs and expenses that the Owner is obligated to pay under this Agreement. If the Owner fails to pay the invoice, such charges shall become part of the City assessments, and the City shall include such assessments as part of the real estate taxes due and payable with respect to the Property. The Owner waives any rights to hearings or notice of hearings related to the levying of such assessments or the right to contest the assessments under Minnesota Statutes Section 429.081. The Owner shall also be responsible for all costs of maintaining and repairing the Improvement. 10. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 11. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. 12. GOVERNING LAw. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 13. SURVIVAL. The Owners' obligations and liabilities pursuant to this Agreement shall survive the revocation of termination of this Agreement. In acknowledgement of the above License Agreement, the parties hereto affix their signature on the dates stated below. [Signature pages to follow.] ENCROACHMENT AGREEMENT (Signature page of the City) CITY OF EAGAN: By: Mike Magi& Its: Mayor By: Elizabeth VanHoose Its: City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this Iq day of 2023, by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. w+Mnn+W+e ANGELA D. FAISON Notary Pu c / NOTARY PUBLIC • MMiNESOTA '�u. + My Comm. Exp. Jan. $1, 2025 ; ENCROACHMENT AGREEMENT (Signature page of Owner) Dav' E. Moran Jr., as Trustee of the Molly A. Moran Revocable Trust under Agreement dated August 31, 2018 Molly A. Mora' as Trustee of the Molly A. Moran Revocable Trust under Agreement dated August 31, 2018 STATE OF MINNESOTA ) ) ss. COUNTY OF b e a� ) The foregoing instrument was acknowledged before me this 1j day of 2023, by David E. Moran Jr., as Trustee of The Molly A. Moran Revocable Trust under Agreement dated August 31, 2018. �d ""' MICKI URAE WELCHER 3 Notwy Pubk-Mkxt Jw 31. 2= Notary Public s STATE OF MINNESOTA ) ss. COUNTY OF ato- e ) The foregoing instrument was acknowledged before me this day of 2023, by Molly A. Moran, as Trustee of the Molly A. Moran Revocable Trust under Agreement dated August 31, 2018. MICKI LARAE WELCHERNotwy M v mAa 31 Notary Public ► y THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering Department 3830 Pilot Knob Road Eagan, MN 55122 (651) 675-5646 Exhibit "A" ` A iCP � " y, tf L-psh Lit � y jiytJ 9�t=�° N" CS pvx�ur� _ i- g'wa i QtnS tS.�K 4i'uunr-L RETAINING WALL STEPS �w ! DRAINAGE & UTILITY EASEMENT ya F ±tC t-7+t41,11 q, Fe ece (Top 3 inches reserved for recording data) CERTIFICATE OF TRUST by Individual State of Minnesota, County of Dakota Molly A. Moran, of 4127 Cashell Glen, Eagan, MN 55122 [address], being first duly sworn on oath state, or affirm under penalties of perjury, that: 1. The name of the trust, if one is given, is: Molly A. Moran Revocable Trust under Agreement dated August 31, 2018. 2. The date of the trust instrument is: August 31, 2018. 3. The names and addresses of each trustee empowered to act under the trust instrument at the time of execution of this Certificate of Trust are: Molly A. Moran 4127 Cashell Glen Eagan, MN 55122 David E. Moran, Jr. 4127 Cashell Glen Eagan, MN 55122 4. The Trustees are authorized by the trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property, except as limited by the following: None. 5. The number of trustees required to act is: One. 6. The trust has not been terminated The trust instrument has not been revoked. Pursuant to Minn. Stat. 501 C.1013 subd. 2: The name of each settlor of the trust is: Molly A. Moran. The names of each original Trustee are: Molly A. Moran and David E. Moran Jr. ECB-9011 Page 1 of 2 Page 2 of 2 CERTIFICATE OF TRUST Check this box 'W if an Affidavit of Trustee, consisting of 2 pages, is attached to this Certificate of Trust. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the trust instrument, or amendments to it, that limit (i) the powers of the trustee(s) to sell, convey, pledge, mortgage, lease, or transfer title to interest in real or personal property, or (ii) the authority of the trustees to exercise any other power identified in this Certificate of Trust. Trustee Molly A. Moran Signed and sworn to (or affirmed) before me on r 2023, by Molly A. Moran, as Trustee of the Molly A. Moran Revocable Trust under Agreement dated August 31, 2018. YER�IfMICKI LWW=Pj noay bcMeayComdMon31 THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)432-3136 RBB NN A < (signature of notarial officer) Title (and Rank): Wr`N-v��,li L iraP�P/tn f)1( My commission expires: �"elnvtc�� )t , (monttVday/year) (Top 3 inches reserved for recording data) AFFIDAVIT OF TRUSTEE (inter vivos Trust) State of Minnesota, County of Dakota Molly A. Moran, being first duly sworn on oath states, or affirms under penalties of perjury, that: 1. Affiant is the trustee (one of the trustees) named in that certain Certificate of Trust (or trust instrument) to which this Affidavit is attached, executed by Affiant or another trustee or the settlor of the trust described in the Certificate of Trust (or set forth in the trust instrument), which relates to real property in Dakota County, Minnesota, legally described as follows: Lot 16, Block 4, Wenzel 1st Addition, according to the recorded plat thereof, Dakota County, Minnesota Check here if all or part of the described real property is Registered (Torrens) ❑ follows 2. The name and address of the trustee empowered by the trust instrument to act at the time of the execution of this Affidavit is as Molly A. Moran David E. Moran, Jr. 4127 Cashell Glen 4127 Cashell Glen Eagan, MN 55122 Eagan, MN 55122 ECB-9013 Page 1 of 2 Page 2 of 2 AFFIDAVIT OF TRUSTEE (inter vivos Trust) 3. The trustee who has executed that certain instrument relating to the real property described above between the City of Eagan and David E. Moran, Jr. and Molly A. Moran, or successor, as Trustees of the Molly A. Moran Revocable Trust under Agreement dated August 31, 2018, (a) is empowered by the provisions of the trust instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property held in trust; and (b) is the requisite number of trustees required by the trust instrument to execute and deliver such an instrument. 4. The trust has not been terminated or revoked. 5. There has been no amendment to the trust which limits the power of trustee to execute and deliver the instrument described in paragraph 3. 6. The Trust is not supervised by any Court. 7. Affiant does not have actual knowledge of any facts indicating the trust is invalid. Affiant Molly A. Moran Signed and sworn to (or affirmed) before me on 2023, by Molly A. Moran. ' MICKI LARAE WELGHER Notary Public-MirW*9a8 •r . My Cannjwm EWW Jae 31. 2025 THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 RBB (�kvb1 1 IWC&L'111 (signature of notarial officer) — Title (and Rank): 0-6, My commission expires: )(AO024 ���� ZU / (monthlday/year)